MARINO v. LORCH


2 Misc.3d 56 (2003)

774 N.Y.S.2d 254

CHARLES MARINO, Appellant, v. PHILIP LORCH, Respondent.

Supreme Court, Appellate Term, Second Department.

December 17, 2003.


Attorney(s) appearing for the Case

Vincent D. McNamara, East Norwich (Anthony Marino of counsel), for appellant.

Toni A. Bean, Amityville, for respondent.

DOYLE, P.J., WINICK and SKELOS, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously reversed without costs, defendant's counterclaim dismissed and judgment directed to be entered in favor of plaintiff in the sum of $1.

In this small claims action, plaintiff sought to recover damages sustained when defendant trespassed upon his land. Plaintiff testified that defendant, an adjoining landowner, leaned his ladder against a tree on...

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